Supreme Court DecisionsSupreme Court Decisions

November 21, 20150

Award of interest from date of cause of action till date of award –Union of India v. Bright Power Projects (India) (P) Ltd., (2015) 9 SCC 695

When agreement between parties barred interest on amounts from cause of action to date of award, arbitrator is bound by it and cannot award interest. Despite clause prohibiting interest on any amount to be payable to contractor, arbitrator granted pendente lite interest (for period commencing from reference till date of award) relying on decision in G.C. Roy, (1992) 1 SCC 508, it is not proper.

 

Negotiable Instruments Act, 1881 Ss. 138 and 141 Offence under S. 138-Mainuddin Abdul Sattar Shaikh v. Vijay D. Salvi, (2015) 9 SCC 622

Person who draws cheque on account maintained by him for paying the payee, alone attracts liability. In this case, cheque was drawn by respondent on bank account maintained by him towards refund of booking amount. Hence, respondent-accused who was Managing Director/Sole Proprietor of Company(s) and who had drawn cheque in his personal capacity refunding booking amount, which had been paid for a flat to be developed by respondent Companies, would be liable even though Company was not named in notice or complaint.

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Current day month ye@r *

© 2020-21 AMLEGALS Law Firm in Ahmedabad, Mumbai, Kolkata, New Delhi, Bengaluru for IBC, GST, Arbitration, Contract, Due Diligence, Corporate Laws, IPR, White Collar Crime, Litigation & Startup Advisory, Legal Advisory.

 

Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
    • there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
    • user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
  • the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
  • We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.